Who is executor of an estate when no will is left?

Answer 1

Usually, if there are assets that belonged to the deceased that need to be probated, any heir at law or other person in interest, including a creditor, may apply to be appointed an administrator of the estate. An "executor" usually requires being nominated as such in a will.

Answer 2

There will be no "executor" if there is no will. Instead, an "administrator" is appointed by the court according to that state's laws that govern the appointment of administrators. Generally, a decedent's spouse has the first right to be the administratrix(term for a female administrator). If there is no spouse then the administrator is chosen from the decedent' children. They all have equal right to be appointed administrator. The laws will also state what happens if there are no children, one child with a deceased child, etc. If there are only children, they all have an equal right to be administrator and will have to agree among themselves who will be administrator.

Answer 3

In general, an executor is not assigned when there is no will. The probate court will appoint what is commonly known as an "administrator," as opposed to an executor. The reason for the distinction is that an executor executes the directions of the decedent in transferring assets according to the will. An administrator administers the estate according to state laws on inheritance which become effective in the absence of a will. The terms also serve as indicators to other persons that there is or is not a will that governs the distribution of the estate. In addition, if there is no will, those laws of inheritance dictate the persons who will inherit from the estate and in which relative amounts. The laws on administration establish a priority for the right to be appointed administrator. A probate court will not simply choose the person. In general, a surviving spouse has the first right to be Administrator. If there is no surviving spouse, or if the surviving spouse is unable or unwilling to be appointed, then it is usually the decedent's children who all have an equal right to be appointed. The eldest has no higher right to be Administrator than other children. This equality of priority means that the children usually have to pick one or more from among them to be Administrator or the choice winds up being litigated where each child tries to prove why he/she should be appointed over any other child. Some jurisdictions have moved away from these distinctive terms, preferring to use the term "personal representative" instead. The exact details of appointing an Administrator will vary from state to state, so it is vital to review the laws of the state of probate to understand the exact way an Administrator will be appointed.

Answer 4

When there is no will an Administrator must be appointed by the probate court. Every jurisdiction has statutory provisions that dictate who can be qualified to be appointed Administrator. Generally, that includes next of kin and creditors.

The family can choose someone who is organized and has the time to serve in that position. There is legal responsibility involved and the Administrator acts under the supervision of the court. That person must file a petition for appointment. You should consult with an attorney who specializes in probate law who can review your situation and determine what your options are, especially if the decedent owned real estate.